CO129-410 - Governor Sir May - 1914 [3-5] — Page 71

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upon the existence and continuance of normal conditions in the administration of justice, and it must come to an end directly the abnormal comes into existence. This I contend is implied in every term used in the Act and Ordinanos when properly inter- preted, and it is I submit within the province of the Court so

to interpret the Ordinance. The surrender of a fugitive for a onime committed within the jurisdiction of China" can only mean that he is surrendered for this purpose of being tried by the ordinary jurisdiction: we require a gurantee that the fugitive shall be tried only for the offence for which he is surrendered uhless jo has an opportunity of returning to the Oolony before

he is so tried for another offence, that too precludes a trial

by any Court but one established regularly by law. In brief ho

is a fugitive from "justics" in its accepted meaning, and he is

surrendered for trial by law and justice.

We do not make extradition treaties with barbarous States,

nor, unless compelled by circumstances with such countries as

China whose laws were from our point of view barbarous. Th

treaty with China was an obvious necessity in view of the pro-

ximity of Hongkong to Canton. But even though it is limited to

Chinese citizens we insist on proper precautions being taken to

ensure a fair trial. A officer is deputed to attend to see

that the accused is tried impartially; ahd Tutuh Lung in his

requisition gives the now unnecessary assurance that torture

shall not be resorted to. But martial Combts are independent

and act with terrible rapidity, and we can have no assur nos

that they would hold themselves bound by the Tutuk'■ assurance.

I submit then that I have established these propositions:

That Extradition treaties are suspended, and that surrender

from Ebgland will be refused: -

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